HEGGEM v. CAPITOL INDEM. CORP.

No. 04-360.

154 P.3d 1189 (2007)

2007 MT 74

Travis, Calista and Connor HEGGEM, for themselves as individuals and on behalf of Dane Heggem, deceased, Plaintiffs and Appellants, v. CAPITOL INDEMNITY CORPORATION, Madison, Wisconsin, Defendant and Respondent.

Supreme Court of Montana.

Decided March 14, 2007.


Attorney(s) appearing for the Case

For Appellants: A. Clifford Edwards and Roberta Anner-Hughes, Edwards, Frickle, Anner-Hughes & Cook, Billings, Montana.

For Respondent: Ross D. Tillman and Randy J. Cox, Boone Karlberg, P.C., Missoula, Montana.


Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Thirteen-month-old Dane Heggem died in early 2003 as a result of a toxic dose of diphenhydramine administered at a day care facility. Dane's parents and brother asserted violations of Montana's Unfair Trade Practices Act by the insurer of the day care facility for misrepresenting the applicable liability limit of the insurance policy. They appeal from the judgment entered by the Thirteenth Judicial...

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